Thursday, September 17, 2009

Do you know what day it is?

If you have a school kid who talks to you about his/her day, you probablydo, or you will by the end of the day.

In 2004, the US Congress passed alaw which declared September 17 a day for school students learn about andgovernment officials to remember the importance of this important document.Thisday was chosen because it was on this day in 1787 that the Constitution wassigned. Most people my age or older can quote the Preamble:

We the People of the United States, in Order to form a more perfectUnion,establish Justice, insure domestic Tranquility,provide for the common defence, promote the general Welfare, and secure theBlessings of Liberty to ourselves and our Posterity, do ordain and establish thisConstitution for the United States of America.

Of coursewhat was signed in 1787 did not include the Bill of Rights. Several delegates tothe convention refused to sign the newly drafted constitution because it did notinclude a bill of rights. Bills of rights were typically parts of theconstitutions of the several states of the day (and today), placed there toensure that certain rights were recognized by the government. Most of thedelegates did not feel such a bill was necessary, and other may have been on thefence but were weary from the months of negotiations.The lack of a bill ofrights was one of the main arguments that Anti-Federalists used to tryto convince the public to reject the Constitution. But the need for change wasall too evident, and it was not rejected. However, some of the states sentsuggestions for amendments to the Constitution to add an enumeration of certainrights. The ratification messages of the states included many varyingsuggestions, which the very first Congress took under consideration in its veryfirst session.Representative James Madison, who was so instrumental in thecreation of the Constitution in the first place, drafted a bill of rights.Though he originally opposed the idea, by the time he ran for a seat in theHouse, he used the creation of a bill as part of his campaign. He introduced the bill into theHouse, which debated it at length and approved 17 articles of amendment. TheSenate took up the bill and reduced the number to 12, by combining some andrejecting others. The House accepted the Senate's changes, voting on September24th and 25th, 1789; twelve articles of amendment were sent to the states forratification.The first two articles were not accepted by enough states, butthe last ten were. We know them today as Amendments 1 through 10. The secondarticle was eventually ratified as the 27th Amendment. The first ten amendments,collectively known as the Billof Rights, were ratified on December 15, 1791 (811 days).

Here isthe text of that original senate drafted document, with 12 amendments. What doyou think about the two that weren't ratified?

Congress of the United States begun and held at the City of New-York, onWednesday the fourth of March, one thousand seven hundred and eighty nine.

The Conventions of a number of the States, having at the time of theiradopting the Constitution, expressed a desire, in order to preventmisconstruction or abuse of its powers, that further declaratory andrestrictiveclauses should be added: And as extending the ground of publicconfidence in theGovernment, will best ensure the beneficent ends of itsinstitution.Resolvedby the Senate and House of Representatives of theUnited States of America, inCongress assembled, two thirds of both Housesconcurring, that the followingArticles be proposed to the Legislatures ofthe several States as amendments tothe Constitution of the United States,all, or any of which articles, whenratified by three fourths of the saidLegislatures, to be valid to all intentsand purposes, as part of the saidConstitution; viz.Articles in addition to,and Amendment of theConstitution of the United States of America, proposed byCongress andratified by the Legislatures of the several States, pursuant to thefifthArticle of the original Constitution.

Article the first ... After thefirst enumeration required by the firstarticle of the Constitution, thereshall be one Representative for every thirtythousand, until the numbershall amount to one hundred, after which theproportion shall be soregulated by Congress, that there shall be not less thanone hundredRepresentatives, nor less than one Representative for every fortythousandpersons, until the number of Representatives shall amount to twohundred;after which the proportion shall be so regulated by Congress, thatthereshall not be less than two hundred Representatives, nor more than oneRepresentative for every fifty thousand persons.

Article the second... No law, varying the compensation for the services ofthe Senators andRepresentatives, shall take effect, until an election ofRepresentativesshall have intervened.

Article the third ... Congress shall make no lawrespecting anestablishment of religion, or prohibiting the free exercisethereof; orabridging the freedom of speech, or of the press; or the rightof the peoplepeaceably to assemble, and to petition the Government for aredress ofgrievances.

Article the fourth ... A well regulatedMilitia, being necessary to thesecurity of a free State, the right of thepeople to keep and bear Arms, shallnot be infringed.

Article thefifth ... No Soldier shall, in time of peace be quartered inany house,without the consent of the Owner, nor in time of war, but in a mannerto beprescribed by law.

Article the sixth ... The right of the people to besecure in theirpersons, houses, papers, and effects, against unreasonablesearches andseizures, shall not be violated, and no Warrants shall issue,but upon probablecause, supported by Oath or affirmation, and particularlydescribing the placeto be searched, and the persons or things to be seized.

Article the seventh ... No person shall be held to answer for a capital,orotherwise infamous crime, unless on a presentment or indictment of aGrand Jury,except in cases arising in the land or naval forces, or in theMilitia, when inactual service in time of War or public danger; nor shallany person be subjectfor the same offence to be twice put in jeopardy oflife or limb; nor shall becompelled in any criminal case to be a witnessagainst himself, nor be deprivedof life, liberty, or property, without dueprocess of law; nor shall privateproperty be taken for public use, withoutjust compensation.

Article the eighth ... In all criminal prosecutions,the accused shallenjoy the right to a speedy and public trial, by animpartial jury of the Stateand district wherein the crime shall have beencommitted, which district shallhave been previously ascertained by law, andto be informed of the nature andcause of the accusation; to be confrontedwith the witnesses against him; tohave compulsory process for obtainingwitnesses in his favor, and to have theAssistance of Counsel for hisdefence.

Article the ninth ... In Suits at common law, where the valueincontroversy shall exceed twenty dollars, the right of trial by jury shallbepreserved, and no fact tried by a jury, shall be otherwise re-examined inanyCourt of the United States, than according to the rules of the commonlaw.

Article the eleventh ... The enumeration in the Constitution, of certainrights, shall not be construed to deny or disparage others retained by thepeople.

Article the twelfth ... The powers not delegated to theUnited States bythe Constitution, nor prohibited by it to the States, arereserved to the Statesrespectively, or to the people.

FrederickAugustus Muhlenberg, Speaker of the HouseJohn Adams, Vice-President of theUnited States and President of theSenateAttest John Beckley, Clerk ofthe House of RepresentativesSam. A. Otis Secretary of the Senate